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Mitigating factors No prior criminal record. Playing a minor role in the crime.Virtually every person facing criminal punishment wants to know the factors that might cause a judge to increase the sentence. Mitigating circumstances can include things such as the age, mental state, history of abuse, or lack of criminal record of the defendant. (a) Mitigating Factors. The Court finds this aggravating factor beyond a reasonable doubt. Mitigating circumstances (such as a defendant's young age or lack of a criminal record) could convince the prosecutor or judge to cut the defendant a break. State v. Knott, 164 N.C. App. The courts use mitigating circumstances in reducing a defendant's liability (in a lawsuit) or charges (in a criminal case).